Property Extensions and community charges

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18 Jul 2019 09:38 by Anniegowers Star rating. 2 posts Send private message

Hi

i hope somebody can help me.

i live on a community of townhouses and semi detached villas. Recently the new president found a discrepancy in the calculation of community charges which has resulted in the townhouses incurring an increase and the villas a decrease. Resulting in the townhouses paying more than the villas.However, the villas have extended their properties, in some cases doubling the size, are they liable to pay more in community charges?

best wishes, Annie 





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18 Jul 2019 11:30 by perrypower1 Star rating in Derbyshire/Fuerteven.... 666 posts Send private message

perrypower1´s avatar

It depends on how cuota is calculated in the original Community Plan.  If based on build size then extending has implications.  If based on property  (Land/plot) size then no unless someone has extended their plot.





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18 Jul 2019 12:12 by ads Star rating. 3917 posts Send private message

Does this also depend in some way if the property has been registered in the land registry or not ( since this is not an automatic requirement)?

”The Catastral is a parallel registry to the Land Registry, and records a property’s size, boundaries and so on. In theory the details held by the Catastral should correspond with those held by the Land Registry, though in practice discrepancies in terms of the size of the plot and the building are not that uncommon.”





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18 Jul 2019 14:09 by Anniegowers Star rating. 2 posts Send private message

Thanks for your help.

When the properties were built in the mid 80’s the deeds and indeed community rules stated that the charges were based on the sq metres of the property including terraces, etc and this has never changed even though some properties have doubled in size.





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18 Jul 2019 14:59 by Kavanagh Star rating in Oil Drum Lane Newcas.... 665 posts Send private message

Kavanagh´s avatar

In Spain most things are make it up as you go along, usually to the benefit of who makes it up.



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18 Jul 2019 15:19 by perrypower1 Star rating in Derbyshire/Fuerteven.... 666 posts Send private message

perrypower1´s avatar

"When the properties were built in the mid 80’s the deeds and indeed community rules stated that the charges were based on the sq metres of the property including terraces, etc and this has never changed even though some properties have doubled in size."

The cuota of the properties that have been increased in size should also be increased with a corresponding decrease to all other properties' cuota's.  This needs to be drafted and registered with the registry.  Note that if any additional buildings like garden sheds etc have been built, these also add to the 'build' size and must be included in recalculating cuota.  It is a big job and I would guess it will cost E600 plus E100 per property that is increased in swize to cover legal and registry costs.

ads makes a good point, but for the purposes of cuota calculations it does not matter whether the building changes have been registered with the Land Registry or the Cadastral.





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17 Aug 2019 16:54 by adamhenry Star rating. 12 posts Send private message

I take home in mortgages for three years, and an agreement signed between us. But, I have a question if the Govt increases taxes on the mortgaged property, so any effects on our deal.





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17 Aug 2019 17:08 by Jarvi Star rating in Halifax UK and Sucin.... 704 posts Send private message

adamhenry, what are you on about? Looking at all the threads you have commented on, are you sane?





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18 Aug 2019 13:37 by hugh_man Star rating in Kent/Roda . 1557 posts Send private message

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Back to Community Charges and extensions, I’m surprised properties have been permitted to extend IF the are in a Community as HPA normally does not permit changes to the facades or indeed any extensions to property in a Community.





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19 Aug 2019 20:57 by mariadecastro Star rating in Algeciras (Cadiz). 9212 posts Send private message

Legal Questions? Speak to Maria Direct

You possibly need to bring this to a Community of Owners for quota updating

M



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